dissolution…
A
dissolution is an agreed to termination of a marriage, requiring both
husband and wife to work together through their attorneys to reach
agreement on the issues necessary for a full settlement of the case. The
issues specific to the marriage must be resolved satisfactorily before a
dissolution may be filed with the court. Sometimes referred to as “no
fault”, a dissolution makes no reference to the reason for ending a
marriage and no allegations of fault are included in any paperwork.
Similar
to a divorce, a dissolution includes three major categories of issues in
a divorce case: parental rights and responsibilities (custody), division
of marital property, and spousal support.
Parental rights and responsibilities involve questions of custody.
Child custody may be given to one parent (a sole residential parent) or
to both parents through a shared parenting plan. Child support is
determined by a statutory formula. Visitation rights of the
non-custodial parent (in the case of a sole residential parent) must be
determined. Additionally, health insurance for the child and the
designation of which parent receives the tax dependency exemption and
child credit will also be determined.
The
division of property requires the proper categorization and
valuation of all property owned by either of the parties as marital or
separate property, often requiring the use of appraisers or accountants,
and all liabilities must be determined. A balance sheet will be
prepared, suggesting the proposed distribution of property.
Spousal support is often complex, involving many factors such as
length of the marriage, the parties’ ages, physical and mental health,
and assets and liabilities of the parties, often requiring expert
testimony on the employability of a party. |